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MINUTES - 07261988 - 1.19
CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 26 , 1988 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please note all "Warnings" County Counsel CLAIMANT: DON R. MCCRARY 931 Marie Avenue JUN 370 1988 ATTORNEY: Martinez, CA 94553 Date received Martinez CA 94553 ADDRESS: BY DELIVERY TO CLERK ON June 29 , 1988 hand del . BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED. June 30 , 1988 gyIL BATTCYELOR, Clerk epuL. Hall,' fI. FROM: Cpunty Counsel TO: Clerk of the Board of Supervisors OP)This claim complies substantially with Sections 910 and 910.2. (vi"This .claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: .� l %� 14 BY: I' ( Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER.: By unanimous vote of the Supervisors present (/This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. JUL -2 6 .1988 Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subjectto certain exceptions, you have'.only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of.an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I .am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order an Notice to Claimant, addressed to the claimant as shown above. JUL 2 7 1988 Dated: BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator Qlain `to: "' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to!person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. ', (Govt. Code §911.2.). B. Claims must be "filed With the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553- C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. r RE: . Claim By ) Res rved for rlarlf stamp o � C-f a-Y -J R EC an Against the County of Contra Costa ����N or ) District) C�_. Po RAT TPER ORS Fill in name ) er .. .`,.. �eauw. The undersigned claimant hereby makes claim against the County of 'Contra Costa or the above-named District in the sum of $ and �in support of this claim represents as follows: i ----------------------------------------- _ _ - I: __ 1. When did the damage or injury occur? (Give exact date and hour) ---------------------------------------- 2. Where did the damage or injury occur? (Include city and county) f - v l4-AJo-2eJ --7�s c o_2� n e _ a 2 .N e Z Cv ✓ _ i o s r9 ----------- 3. How did the damage or injury occur? (Give full .details; use extra paper if required) ` r SAS C (2AA.),1 Roca aojd C4,;Lve-1 Off SO�AN��Zc� le�� i.�� Cf►JS/�"J !c fJ e (ac�� ' .. -�— -------------------- -- ------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? (over) 5. At are the fames of county or district officers, servants or ,':employees causing the damage or injury? + 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach.two esti tes for auto damage. ----------------------------------------------------- ---------- ------------------ 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 8. Names and addresses of.witnesses, doctors and hospitals. i� -------------------------------------------- ---- ---- -- - -- - - - 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) .. or by some person on his behalf." Name and Address of. Attorney ��� Claimant's Si ure V/ Address Telephone No. Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a finel; of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars!' ($10,000, or by both such imprisonment and fine. i t l _ CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the. Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 26 , 1988 and Board Action. All Section references are to ) . The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $300. 00 Section 913 and 915.4. Please note all "Warratoty coumr'el CLAIMANT: JOHN W. ANDREWS JUN 370 1988 P. O. Box 367 ATTORNEY: Moraga, CA 94556 Martinez, CA 9455-0 Date received ADDRESS: BY DELIVERY TO CLERK ON June 28 , 1988 BY MAIL POSTMARKED: June 24, 1988 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: June 30, 1988 JYIL BAATTCtyLOR, Clerk , L. Hall I1. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections. 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: % BY:Q'/ ' Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Boar 's Order entered in its .minutes for this date. Dated: J U L 2 6 1988 PHIL BATCHELOR, Clerk, By r Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JUL 2 7 1988 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator CLAIM TG.-- BOARD OF SUPERVISORS OF CONTRA COSJjJtu ralapplication40: Instructions to Claimant Clerk of the Board P.O.Box 911 Martinez,California 94553 A. Claims .relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual`' of the 'cause of action. (Sec. 911. 2 , Govt, Code) B. Claims must be filed with the Clerk of the Board of}; Supervisors at its office in Room 106 , County Administration Building, 651 Pine Street, Martinez ,- California 94553. ' C. If. claim is against a district governed by the Board of. Supervisors , rather than the County, the name of .the District should be filled in. D. If the claim is against more than one public entity.; separate claims must be filed against each public entity. E. Fraud. See penalty For fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim 7 - ) Reserved for ClPrk' se"filing stamps x RECE,',JVED. Against the COUNTY OF CONTRA COSTA) �I f'y � 81988. or _ DISTRICT) (Fill in name) ) CLE. P AT ELOR ,T "J The undersigned claimant hereby makes claim aer � f Contra Costa or the above-named District in the sum of and in support of this claim represents as follows : l. When-did the-damage or-injury-occur? .(Give exact date and- hour) -------------------------------------------- 2. Where did EFe- damage or. injury occur? (.Include city and county) i; J �1- -__ -----------------------------! ---- - 3. 3-iaw-did the damage or injury occur? (Give fulltails, use extra sheets if required) (Sem � ,q��rp l�•'�I�fTF_ /mak=C�-� S'i� ��-1P� 4 . What particular aCt-o-r-omissionron the-part of county-or district' officers , servants or employees caused the injury or damage? Ul✓eNd wAl 7 o 1w � f=�1�Ps%iC 1.3�� r✓it J c f� if � %o.� lNra r9 ��oc�`!'. ]f,L (over) 7>1 6.Z O TIf�' E, �l 5. ', '°what •°are -the -names of county or district officers, servants or employees causing the damage or injury? ��i�N%c✓.Y %0 1'1 G -- -- - - ------------------------------------ -- ------------------- --- 6. Wh-at-damag-----e or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto � . damage) �GaS CGC7/1W//V& --------------------------•--------------------------:-------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) 77- ,q c f f ,1x-,F 'Rice C )= ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. ---------------------------------------------------------------------�---- 9. List the expenditures you made on account of this accident or injury: DATEITEM AMOUNT s'=-' 7 .. .. ` Govt. Code 'Sec. 010..2 provides : r "The claim :signed by the claimant SEND NOTICES TO: (Attorney) or by some ,person on his behalf. " Name and Address of Attorney ;,��-, Claimant' Signature Address .f �- Telephone No. _ Telephone No. NOTICE Section 72 of the Penal Code provides : "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine , any false or fraudulent claim, bill , account , voucher, or writing, is guilty of a felony. " L - WPQK F'URLOUGH CENTER INMATE REQUES LIP ** BE TURNED IN THREE DAYS IN CE** pnergencies A cepted .S c /WD 7 IIAL 2 'RCM: /3. .�1 N�12/�7 k/_f300KING # DATE: T- 7— fzz�/ As- Tom" �- - CIc Lam. i Zoe �v m .llwz a- jr7 j01vim) , i ANSWER: FJ APPROVED DENIED t PROVIDE: YBRIPICATIcN mm copy oP wro-TBLLm Fmm con or RF) n Ts C3 copy OF PAY-SNB f PY CLAIM BOARD OF 'SUPERM SORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 26 , 1988 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by;the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please note all "Warpi.Pgs", r-,y. CLAIMANT: WILLIAM SANDOVAL c/o Devin B. McCray, JINN 3'4a 1 ATTORNEY: McCray & Rowland Martinez, CA 945153 1700 No . Broadway #305 Date received ADDRESS: Walnut Creek, CA 94596 BY DELIVERY TO CLERK ON June 28 , 1988 hand del . BY MAIL POSTMARKED: no envelope 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. June 30, 1938 PpHHIL ATCHELOR, Clerk DATED: BY: Deputy (.Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (✓ ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: i J Dated:. i."'r` / r ) BY: L / Deputy County Counsel G III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify thatthis is a true and correct copy of the Board' Order entered in its minutes for this date. JUL 2 6 1986 Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under- penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: J U L 2 7 1988 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 1 LAW OFFICES OF R E C MCCRAY 8 ROWLAND 2 1700 NO.BROADWAY JUN P IM. SUITE 308 VIP 3 WALNUT CREEK. CALIFORNIA 94596 HI AT t b AREA CODE 418 932.6716 CLEF G�Z;r 4T ATTORNEYS FOR CLAIMANT LBY . . .'. . D y 5 6 In the matter of the claim of WILLIAM J. SANDOVAL 7 Claimant CLAIM FOR EQUITABLE 8 INDEMNITY, COMPARATIVE VS. INDEMNITY AND CONTRI- 9 BUTION PURSUANT TO COUNTY OF CONTRA COSTA, SECTION 910 OF THE 10 Municipality GOVERNMENT CODE, 11 Respondent / 12 TO: THE COUNTY OF CONTRA COSTA, A Municipality 13 YOU ARE HEREBY NOTIFIED that WILLIAM J. SANDOVAL, by and 14 through his attorneys, McCRAY & ROWLAND, hereby present this 15 claim to THE COUNTY OF CONTRA COSTA, pursuant to Section 910 16 of the Government Code. 17 1. The name and address of claimant 'is:. WILLIAM J. 18 SANDOVAL, 328 Mobile Lane, Vallejo, . CA 94589 . 19 2. The post office address to which claimant' s 20 attorneys, McCray & Rowland, desire notices of this claim to 21 be sent is as follows: McCray & Rowland, 1700 N. Broadway, 22 Suite 305, Walnut Creek, California 94596 . 23 3 . The claim is based on personal injuries sustained by 24 JESSE EVANS, on or about October 31, 1986 on Cutting Boulevard 25 near 29th Street, in the City of Richmond, County of Contra 28 Costa, State of California. At said time and 'place, plaintiff ,, 27 JESSE EVANS was beingtransported and was a p passenger a 28 vehicle operated by the Sheriff ' s office, County of Contra Costa. 1 At said time and place, claimant WILLIAM J. SNDOVAL 2 was operating his 1982 Oldsmobile in a westerly direction on 3 Cutting Blvd. near 29th Street, in the City of 4 Richmond, in the County of Contra Costa, State of California. 5 I was in the right lane, preparing to make a right turn, when 6 a van transporting plaintiff, was so negligently and 7 carelessly driven by the Contra Costa County Sheriff 's 8 Department hit my vehicle in the rear. Said negligence and 9 carelessness of the Contra Costa County Sheriff ' s Department 10 threby caused the accident and resultant injuries to Jesse 11 Evans. 12 4 . On or about May 22, 1988 plaintiff JESSE EVANS 13 served on WILLIAM SANDOVAL, his complaint for damages and 14 personal injuries (hereinafter referred to "Complaint") , Civil 15 Action No. 087988 in the Municipal Court of California, County 16 of Contra . Costa against Claimant and others. Said Complaint 17 is incorporated herein by reference as though fully set forth, 18 and said incorporation by reference is for the purposes of 19 identification only; by so incorporating, claimant does not 20 admit the truth of any of the allegations of said Complaint. 21 In said Complaint, plaintiff alleges that he suffered damages 22 and injuries as the result of the negligence of claimant and 23 others. 24 5. Claimant denies the .charges and allegations 25 contained in said Complaint. In the event that it is 26 determined that any of plaintiff ' s charging allegations are 27 true and that plaintiff has suffered any damage or injury 28 whatsoever, then said damages or injuries. were caused by the -2- Primary and active negligence and conduct of Respondent and 2 not by any acts or omissions of Claimant Claimant has denied 3 any carelessness or negligence on his part; if such 4 carelessness or negligence does exist, it is secondary and 5 passive. 6 6 . In the event that Claimant is subjected to liability 7 to plaintiff, Claimant is entitled to be indemnified in full 8 by Respondent, for the full amount of any loss, suffered or 9 judgment paid by Claimant to Plaintiff, and for such costs, 10 attorneys ' fees and other expenses which have .been and in the 11 future may be incurred by Claimant in the defense of the 12 within action. An actual controversy has arisen and now 13 exists between Claimant and Respondent, concerning the 14 above-mentioned right of full indemnification of Claimant by 15 Respondent. 16 7 . Respondent isin some manner and to some degree at 17 fault and legally liable or responsible for any injuries or 18 damages sustained by plaintiff as set forth in his complaint. 19 The acts, omissions, negligence and fault of Respondent has in 20 some -manner contributed to the events, injuries or damages 21 complained of in Plaintiff ' s complaint. 22 8. In the event that Plaintiff recovers judgment 23 against Claimant and Respondent, and each of them, in the 24 principal action, such judgment should be distributed 25 equitably between Claimant and Respondent, and each of them, on 26 a basis of the comparison of the relative fault of said 27 Claimant with the fault of said Respondent. 28 9. In order to prevent a multiplicity of litigation, a -3- 1 determination of the comparative fault, if any, of Respondent, 2 should be made at the trial of the principal action herein. 3 If Plaintiff recovers a judgment against Claimant and 4 Respondent, the Claimant is entitled to be indemnified by 5 Respondent, for the amount of any damages awarded in favor of 6 Plaintiff and against Claimant, pursuant to and in accordance 7 with the proportion of the relative fault of liability 8 attributed to said Respondent. 9 10 . If Plaintiff recovers judgment against Claimant and 10 Respondent, Claimant is entitled to a declaration of rights 11 respecting the relative responsibility of Claimant and 12 Respondent, as well as Claimant' s right to indemnification 13 from Respondent, based upon a comparison of fault between 14 Claimant and said Respondent, and each of them. 15 11. If Plaintiff recovers judgment against Claimant 16 and Respondent, the amount of damages awarded to Plaintiff 17 should be apportioned between Claimant and Respondent, 18 equitably based upon a comparison of fault of the Respondent. 19 Claimant is entitled to contribution from Respondent for the 20 amount of any damages awarded in favor of Plaintiff and 21 against Claimant, pursuant to the degree of relative fault 22 attributed to Claimant and Respondent. 23 12. If Plaintiff recovers a judgment against Claimant 24 and Respondent, or any of them, Claimant is entitled to a 25 declaration of rights respecting the relative responsibilities 26 of Claimant and said Respondent, and each of them, as. well as 27 Claimant ' s rights to contribution from Respondent based upon 28 an apportionment of fault between Claimant and Respondent. -4- 1 13 . So far as it is known to McCray & Rowland, 2 attorneys for Claimant, at the date of filing this claim, 3 WILLIAM SANDOVAL has incurred damages in an unknown amount, 4 but they will amend this Claim when same become known to 5 them. 6 14 . All notices or other communications with regard to 7 this Claim should be sent to Claimant in care of his 8 attorneys, McCray & Rowland, 1700 No. Broadway, Suite 305, 9 Walnut Creek, California. 10 DATED: JUNE 28, 1988 IN B. MC CRAY 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTORNEY OR PARTS WITHOUT ATTORNEY(h,. �., D ADDRESS): TELE .c: FOR COURT USE ON ORECK, AND ORECK (4 15 ) 444- 1555 � it 6 �� Attorneys at Law 428 1 3th St . , Suite 240 Oakland , CA 94612 ATTORNEY FOR(NAME): JESSE EVANS MUNICIPAL COURT Insert name of court,judicial district or branch court,if any,and post office and street address: Municipal Court of California , County of Contra Co BAY JUDICIALDISTWC Bay Judicial District , 100 37th Street , Room 185., Richmond , California 94805 AUG 241987 9ec'd Filed AUG 2 4 1987 PLAINTIFF: JESSE EVANS By. Deputy DEFENDANT: STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA [] DOES 1 TO 20 CASE NUMBER: COMPLAINT—Personal Injury, Property Damage, Wrongful Death E3�MOTOR VEHICLE =OTHER(specify): Property Damage Wrongful Death � QQ Personal Injury Other Damages(specify): 0_`8'79 QQ :1 1. This pleading, including attachments and exhibits, consists of the following number of pages: 4 2: a. Each plaintiff named above is a competent adult 0 Except plaintiff(name): =a corporation qualified to do business in California C an unincorporated entity(describe): =a public entity(describe): =a minor 0 an adult for whom a guardian or conservator of the estate or a guardian ad litem has been appointed 0 other(specify): 0 other(specify): Except plaintiff(name): =a corporationqualified to do business in California Dan unincorporated entity(describe): =a public entity(describe): =a minor U an adult Q for whom a guardian or conservator of the estate or a guardian ad litem has been appointed other(specify): other(specify): b. Plaintiff(name): is doing business under the fictitious name of(specify): and has complied with the fictitious business name laws. c. Q Information about additional plaintiffs who are not competent adults is shown in Complaint— Attachment 2c. (Continued) Form Approved by the Judicial Council of California COMPLAINT—Personal ur in , Property Damage, Effective January 1, 1982 I Y P Y 9 Rule 982.1(1) Wrongful Death CCP 425.12 c SHORT TITLE: CASE NUMBER: EVANS v. STATE COMPLAINT—Personal Injury, Property Damage, Wrongful Death Page two 3. a. Each defendant named above is a natural person Except defendant(name): Except defendant(name): STATE OF CALIFORNIA COUNTY OF CONTRA COSTA Q a business organization, form unknown 0 a business organization, form unknown Q a corporation Q a corporation Q an unincorporated entity(describe): Q an unincorporated entity(describe): [� a public entity(describe): a public entity(describe): State government countyover,nment Q other(specify): Q other(specify Q Except defendant(name): Q Except defendant(name)` Q a business organization, form unknown =a business organization, form unknown Q a corporation 0 a corporation Q an unincorporated entity(describe)., Q an unincorporated entity(describe): Q a public entity(describe): Q a public entity(describe): Q other(specify): 0 other(specify): b. The true names and capacities of defendants sued as Does are unknown to plaintiff. c. Q Information about additional defendants who are not natural persons is contained in Complaint— Attachment 3c. d. Q Defendants who are joined pursuant to Code of Civil Procedure section 382 are(names): 4. Plaintiff is required to comply with a claims statute, and a. plaintiff has complied with applicable claims statutes, or b. Q plaintiff is excused from complying because(specify): 5. This court is the proper court because Q at least one defendant now resides in its jurisdictional area. Q the principal place of business of a corporation or unincorporated association is in its jurisdictional area. ® injury to person or damage to personal property occurred in its jurisdictional area. Q other(specify): 6. Q The following paragraphs of this complaint are alleged on information and belief(specify paragraph numbers): (Continued) Page two SHORT TITLE: CASE NUMBER: EVANS v . STATE COMPLAINT—Personal Injury, Property Damage, Wrongful Death (Continued) Page three 7. The damages claimed for wrongful death and the relationships of plaintiff to the deceased are 0 listed in Complaint—Attachment 7 =as follows: 8. Plaintiff has suffered wage loss loss of use of property hospital and medical expenses general damage property damage loss of earning capacity other damage(specify): 9. Relief sought in this complaint is within the jurisdiction of this court. 10. PLAINTIFF PRAYS For judgment for costs of suit; for such relief as is fair, just, and equitable; and for [� compensatory damages 0(Superior Court) according to proof. J (Municipal and Justice Court) in the amount of$ 25 , 000 . 00 other(specify): 11. The following causes of action are attached and the'statements above apply to each: (Each complaint must have one or more causes of action attached.) [� Motor Vehicle 0 General Negligence []Intentional Tort Products Liability Premises Liability 0 Other(specify): r EUGENE- R.. ORECK . . . . . . . . . . (Type or print name) (Signature of pfain6tt'or attorney) COMPLAINT—Personal Injury, Property Damage, Page three Rule 982.1(1)(cont'd) Wrongful Death (Continued) CCP 425.12 SHORT TITLE: CASE NUMBER: EVANS v . STATE FIRST CAUSE OF ACTION—Motor Vehicle Page 4 (number) ATTACHMENT TO =Complaint =Cross-Complaint (Use a separate cause of action form for each cause of action.) Plaintiff(name): JESSE EVANS MV-1 Plaintiff alleges the acts of defendants were negligent; the acts were the legal (proximate) cause of injuries and damages to plaintiff; the acts occurred on (date): October 31 , 1986 at(place): Cutting Boulevard near 29th Street , Richmond , California MV-2. DEFENDANTS a. M The defendants who operated a motor vehicle are(names): STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA Does 1 to 10 b. LJ The defendants who employed the persons who operated a motor vehicle in the course of their employment are(names): STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA [ Does_1 1 to 20_ c. -)q The defendants who owned the motor vehicle which was operated with their permission are(names): STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA ( Does Al to 20_ d. [)q The defendants who entrusted the motor vehicle are(names): STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA Does 1 1 to 20 e. F-A The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA ® Does 1 to?_0. f. The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are =listed in Attachment MV-2f =as follows: =Does to Form Approved by the Judicial Council of California i SLED 1 ORECK AND ORECK BAY MMFNCIPAL COURT Attorneys at Law 2 428 Thirteenth St . , Suite 240 1 Oakland , California 946 ) 2 (y[�� � 0 1987 3 Telephone : (415 ) 444- 1555 nobe-:•t K. GrdLrt, Uorlc 4 Attorneys for Plaintiff By +• �+ `�i:;i� r'I �,,,N, �y 5 6 MUNICIPAL COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 7 RAY JUDICIAL_ DISTRICT 8 9 JESSE EVANS , ) 10 Plaintiff , ) NO. 087998 11 vs . ) AMENDMENT TO COMPLAINT ( SUBSTITUTING DEFENDANT ' S 12 STATE_ OF CALIFORNIA, ) TRUE NAME FOR FICTITIOUS COUNTY OF CONTRA COSTA ) NAME) AND ORDER 13 et al . , ) 14 Defendants . ) 15 16 Plaintiff was ignorant of a defendant ' s: name, stated 17 that fact in the Complaint and designated the defendant by 18 a fictitious name , to wit : DOE TEN. That defendant ' s true name 19 has now been discovered and. plaintiff hereby amends the Complaint 20 as follows : WILLIN.4 SANDOVAL to substitute for DOE TEN. 21 DATED November 17 , 1987 . 22 ORECK AND ORECK 23 24 /s / KEITH. A. EPSTEIN 25 Ry — KE]TH A FPSTFTN ------ Attorneys for Plaintiff 26 27 28 �. CLAIM l °. BOARD OF SUPERVISORS Of CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 26 , 1988 and Board Action. All Section references are to ) The copy of this document mailed to'you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please note all "Wars" '�u.-ty Counsel CLAIMANT: RITA AND LAWRENCE ALLEN c/o Doris A. Freiberg JUN 3 '0 1988 ATTORNEY: Law Offices of James D. Biernat 393 Vintage Park Drive #250 Date received Martinez, CA 9455? ADDRESS: Foster City, CA 94404 BY DELIVERY TO CLERK ON June 30, 198$ BY MAIL POSTMARKED: June 29 , 1988 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: June 30, 1983 EYIL ELOR, Clerk BATCH : Deputy L'. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( . ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and w6 are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: :�' BY: (� Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ((/This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: Jo' u 1989 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. JUL 2 7 1988' Dated; BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator , tax UN P BAT T ER S CL ARK T uty BY GOVERNMENT CLAIM vs . RICHMOND UNIFIED SCHOOL DISTRICT , CITY OF RICHMOND , COUNTY OF' CONTRA COSTA and WEST 'CONTRA COST_' SANITARY DISTRICT T`he following claim for indemnity= andl contribution is made by and on behalf of RITA and LAWRENCEI ALLEN against the RICH''1ON1) i N,' FIED SCHOOL DISTR.IC'T , CITY OF RICHMOND, THE C0TJNTS' OF C, N TR..y COSTA and THE WEST CONTRA,; COSTA SANITARY DISTR.I:CT: pursuant to Government Code Section 901 and 910 , et Seq A. NAME AND ADDRESS OF CLAIMANTS : Rita and Lawrence Allen , 48 Valley Viet Court; , El Sobrante , California 94703 . B. ADDRESS TO WHICH NOTICES ARE TO BE SENT : Doris A . Frei-berg , Law Offices of James D . Biernat , 393 1%,inta-e Part: DT-ive , Suite 250 , Foster Citi-,, California 94404 . C . DATE , TIME AND PLACE OF CIR.CUMSTA_tiCES WHICH GIVE RISE TO THE. CLAIM ASSERTED Claimants are informed and believe that certain claims have been made by Allstate Insurance Company arising out of , alleged excessive run off causing property damage to ARNOLD D . and KATHERIN1E CELAYA on March 1 , 1983 . i As a result of these events , the Richmond Unified School. Dist rict .has filed a Cross-Complaint against RITA and i . t LAWRENCE ALLEN for ' indemni-ty and contribution . The ALLENS were served with the Cross-Compl.a.int on or�' about. June 13 , 1988 . _� . GENERAL. DESCRTPTI01" OF DAMAGES Ailstate Insurance- Company- aiireges certain propertz- damage to the CELA3`A ' property was incurred as a ''result. of t.hr� irrcider-it:, and alle„'ed1 �-,' seeks compensation for 'damages pai-o as a resin t t.1her'eo.f It is further claimed that the damage' %.-as sustained as pr•oxdmate= result of the . acts and omissions of the Count.-v ntr-c C'osLa the R.-I—chmond i_ni.fied school Diss- :ict and thr; iV(es.1 C orit,i a Ca to SaniI.,arDI E.t:,r) ct . If C-1.c.lmant. is found to be ' i-f able S , the above-ment.i.oned 'cross-complaint , 1 ial.) 1 J.t al d not b based up.or. ar?v., a.c t. cif wrong on Clai-mant:, ' s part. , rather , Claimant.,' --. Ii.abi1 i Wor4ld be pa- .i.ve ,, s.F;:or1c%'-�r'N ar:d. de r.i.� ati.v e t r pj.n,ary greater fauI on the parr of t.i,e Cit,.- o7-' Richm.ond ,'' County of Contra C:ast.:.i , the 1%;est C:nratr Costa 8ariit ;lr ,�7 '1'ris't.rict. , aa-rd the R c h m o n 6 U.nifieri Schnol L)i_st:.ri c,t or its agents . The C::laima,-it has beer; forced. to incur” and in fact has incurred. .and. , t;i 11 coat i-nue to incur at torn'eys ' fees and 1 co.st.s in' defending the action filed b..- theft Richmond. Unified 1� School District. . E . NAMES AND ENIPLOI'EES AND/OR AGENTS,: CAUSING INJURIES AND/OR DAMAGES i Claimant does not i,not, at present time the names of the agents , servants , and their employees of the Cite of Richmond , County of Contra Costa , West. Contra Costa Sanitary District. or Richmond Unified School District who caused or contributed- to those damages. and injuries referred above, caused. by the above-described acts or omissions . F . AM( UNi_ CL .I'iEi Claimant hereby claims that the City 'of Richmond, Cou ty of Contra Costa , gest Contra Costa Sanitary District an(-! the Richmond Unified_ School District. a.;ie obiigated to indemnify and hold harmless Claimants from; any and all damages , .judgments or other swards which mb be obtained against the Claimants as a result of the ae.tion commenced by Al.lstahn Insurance Company . Cl.ai.mant.s hereby tender their claim for suhh total and partial indemnity,, and contribution to the City of :Ric._hmond , County of Contra -Costa , West Contra. Costa Sanitary District and Richmond Unifiod. School District as required by Govegn ierit Code. Section 910j;. Dated : June 2 1988 LAW OFF ES OF AMES D . BIERNAT B, DG IIS A' FREIBERG. j• i, 1 RUSSELL W. TAYLOR. TAYLOR & FIELD 2 The Leamington . 1814 Franklin Street,. Suite 500 3 Oakland, CA 94612 ' 4 (415) 451-6633 APR 1 0 t4R7 5 Attorneys for Defendant RICHMOND UNIFIED SCHOOL DISTRICT J. R. OUSSON, Ccu,y CL i 6 CONTRA COI;A CC JIM I M. BUDA 8, SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 9 10 ARNOLD CELAYA et al. , i 11 ,+ Plaintiffs '. Case No. 258403 12 i vs. CROSS-COMP,;LAINT 13. I RICHMOND UNIFIED SCHOOL I DISTRICT et 'al. , 14 Defendants . 15 16 RICHMOND UNIFIED SCHOOL DISTRICT, 17 ICross-Complainant, 18 vs . 19 20 � CITY OF RICHMOND, COUNTY OF i CONTRA COSTA, WEST CONTRA COSTA 21 , SANITARY DISTRICT, LAWRENCE ALLEN, RITA ALLEN, and- DOES 1 through 10 , inclusive, 22 Cross-Defendants. 23 24 COMES NOW cross-complainant RICHMOND, UNIFIED SCHOOL 25 DISTRICT and for cause of action against cross-defendants, and 26 each of them, alleges as follows: I 27 1. Cross-complainant is ignorant of the true names and i 28 capacities, whether individual , corporate or otherwise, of the 1AYLOR fdcFiEu) 1111 .1♦MiM'.1'.IA ' cross-defendants sued herein as Does 1 through 10, inclusive, ; 2 and cross-complainant therefore sues said cross-defendants by i 3 such fictitious names. Cross-complainant will amend this cross- 4 ross 4 complaint to state the true names and capacities of said. cross j 5 defendants when the same have been ascertained, together with 6 the proper charging allegations . Cross-complainant is informed 7 and believes and on the basis of such information and belief 8 alleges that each of' said cross-defendants is in some manner g responsible for the happening of the incidents referred to in 10 plaintiff ' s complaint-, and. . is therefore liable to cross-com- i 11 , plainant herein. 12 2. At all times mentioned herein, cross-defendants, and . 13 each of then, were the agents, servants and employees 'of each of. 14 I the other cross-defendants, and in doing the things hereinafter 15 described were acting in the course and scope of their agencies 16 and employment with said cross-defendants. 17 3 . Prior to the filing of this cross-complaint,,- plaintiff 18 i ALLSTATE INSURANCE COMPANY filed a complaint in the present i 19 +i action; solely for describing the allegations of said complaint, Ii 20 Ij and without admitting any of the allegations thereof, cross- i • 21 . �I complainant incorporates by reference the complaint of plain-, 22 tiff . 23 4 . Cross-complainant is informed and believes and on the i 24 basis of such information and belief alleges that each cross- 25 defendant was responsible, in whole or in part, for the in- j 26 juries, . if any, suffered by plaintiff. If cross-complainant is 27 judged liable to plaintiff in the present action, or enters into 28 a settlement agreement with plaintiff , each cross-defendant TAYLOR 6 FIELD _2- lit I.A.—JON • ur••.«..sem.. see i 'ina..mi F ... .. .. .w.—.... .. ... .. ... ...... .-., ... .. , .a^.R:'t. .l.• '.f.u'^ImP�.. L:,..t. n 1 should be required to pay a share of plaintiff 's judgment or 2 said settlement which is in proportion to the 'comparative fault . 3 of that cross-defendant in causing plaintiff 's damages, and to 4 reimburse cross-complainant for any paymentsi.cross-complainant 5 makes to plaintiff in excess of cross-complainant's share of all 6 cross-defendants ' fault. 7 '` 5. Cross-complainant denies any liability to plaintiff at 8 all; but in the event of any settlement by or . judgment against 9 cross-complainant with respect to the claim of '.'plaintiff, cross- 10 complainant seeks a declaration of the comparative proportion of 11 fault attributable to• cross-defendants, and each of them, with 12 respect to the matters alleged in plaintiff "s complaint, and 13 seeks comparative indemnity and/or contribution for said a- 14 mounts . There is no adequate remedy at law. 15 WHEREFORE; cross-complainant prays judgment as follows: 16 1 . For a, declaration of thecomparative proportion of 17 fault attributable to cross-defendants, and each of them, with 18 respect to ,the matters alleged in plaintiff 's complaint, and for 19 a judgment in comparative or total indemnity and/or contribution . 20 for said amounts; 21 2 . For costs of" suit incurred herein; . and 22 3 . For such other and further relief as. this Court may 23 deem just, and proper . 24 Dated: April 8 ,. 1987 TAYLOR FIELD 25 26 j RUSSELL W. TAYLOR 27 28 TAYLOR 6 FIELD TN[lin,a�.ao� I' 1 PROOF. OF SERVICE BY MAIL 2 I am a citizen of the United States , a resid'ent of the 3 County of Alameda, over the age of 18. years and not a party to 4 the within action; my business address is in care of Taylor & 5 Field, The Leamington, 1814 Franklin Street, Suite 500;, Oakland, 6 California.• On April 9 ,1987 , I served th'e attached CROSS- 7 COMPLAINT on the parties to said action by placing a true copy 8 thereof in a sealed envelope with the required postage thereon, . 9 fully prepaid, in the United States mail at Oakland, California, 10 addressed as follows: 11 I 12 Kathryn A. . Pensinger ! GASSETT, PERRY & FRANK 13 210 North Fourth Street Suite 400 14 San Jose, CA 9511.2 15 � 16 17 18 19 20 21 22 23 24 Z declare under penalty of perjury that the foregoing -is 25 true and correct. Executed at Oakland, California on April 26, 1987 . 27 28 Glorene E. Drake TAYLOR 8 FIELD ............., .oma . tiD,CALrrOwy. pgR.a - ir ,_,,.. �..,R.,.. ..c - v. �r i..j - �'ir i i •:.f - •r a-i'Ir'-� 4,.3 w."'® .1 /Y� XITAC/ON JUDICIAL) fnR COUR/USE Owl NOTICE TO DEFENDANT: (Aviso.a Acusado) ,„r.„a,:w„►r r�;((-.�-• RICHMOND UNIFIED SCHOOL DISTRICT, CITY OF RICHMOND, COUNTY OF CONTRA COSTA, WEST CONTRA COSTA SANITARY DISTRICT, LAWRENCE ALLEN and RITA ALLEN, and DOES I through L, fE61987 �r;vReceiv�d (AOUd. Re statNG SUED BY demandando)PtAf11dT`IFF: Dept RUSDSafe�, ARNOLD CELAYA, KATHERINE CELAYA, and ALLSTATE INSURANCE .COMPANY, + You have 30 CALENDAR DAYS after this sum- Uespues de que le entreguen esu!, 'citation judicial usted mons is served on you to file a typewritten re- bene un plain de 30 DIAS CALENDARIOS para presentar sponse at this court. una respuesta escrita a miquina en esta torte. A letter or phone call will not protect you; your Una Carta o una Hamada telefdnica no le ofreceri typewritten response must be in proper legal proteccidn; su mspuesta escrita a maquina tiene que form if you want the court to hear your case. cumplir can las formalidades legiles apropiadas si usted If you do not file your response on time,you may quiere que la torte escuclre w cases lose the case, and your wages, money and pro- Si usted no presenta su respuesta ahempq puede perder perty may be taken without further warning from el casq, y le pueden quitar su salarrq su dinero y otras cows the court. de su propiedad sin aviso adkional por parte de la torte 1. There are other legal requirements. You may Existen otros rNuisitos legales. Pr ede que usted quiera want to call an attorney right away.If you do not hamar a un abogado inmediatamen”le. Si no conte a un know an attorney,you may call an attorney refer- abogadi% puede hamar a un servicfo de referencia de ral service or a legal aid office(listed in the phone abogados o a una oficina de ayu&e legal(fes el ditwtorio book). telefonico). I, CASE HUMINrnxro Caw! The name and address of the court is: (El noMbre y direction de la carte es) 258 403 , Contra Costa Superior . Court P.O. Box 911 Martinez , ,California 94553 The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (El nombre, la direction y el numero de teleiono del abogado del deman(fanre, o del demandante que'no bene abogado, es) Joseph H. Huber GASSETT, PERRY & FRANK 440 North First Street San Jose, California 95112 (408) 295-7034 DATE: JUN 2 2 198'4 Clerk, by i' -7t �'-1_�•, f . Dept (tcc'hal (Ac-ruario) ISEnii NOTICE TO THE PERSON.SERVED: You are served 1. as an individual defendant. r 2. [ as the person sued under the fictitious name of (specify!: r 3.•. on behalf of (specify): under: CCP 416.10 (corporation) [] CCP 416.60 (minor) 0 CCP 416.20 (defunct corporation) Q CCP 416.70 (conservatee) Q CCP 416.40-(association or partnership) CCP 416.90 (individual) E2other, i _ --— 4. by personal delivery on (date). `' ' •, '1 Form AAnpten tq.Hurn 982 - �'. • a: Form :Co„nc,r v rata 82 (See reverse forProofof Service) Cr a•: ”. PROOF OF SERVICE BY MAIL - CCP 1013a, 2015.5 1 1 declare that: 2 1 am (a resident of/employed in) the county of...............)San...Mateo..............................................................:......... California. 'COUNTY WHERE MAILING OCCURRED) 3 1 am over the age of eighteen years and not a party to the within cause; my (business/'residence) address is: ....................... 4 .......3.93....Vintage....Park...D.r.iv.e.,.....Suite...25.0........Fas.t.er....Cit..y........CA.......9.4.4.0.49.4.404.......................... 5 on .......:Tt919...2.9...,....�9.18.8.................................. I served the within ........GOV.ERNMENT....�CLAIM...................................... 6 ......................................................... on the .........:interesred...parties................................. 7 in said cause, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the 8 United States mail at ..............F.Q.S.t.er...Cit.y.......GA..........................................................'....................... addressed as follows: 9 10 Clerk, Board of Supervisors County Administration Building 11 �; 651 Pine Street , Room 106 Martinez , CA 94553 12 13 .14 15 16 17 18 19 20 21 22 23 1 declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on Foster Citv 24 J.un.e....2.9.. . E$$........................................ at ......................................................................................................, California. y.... A (PLACE) 25 26LAURA TORRETTA ......... .. ....................................... 01 PE CW.PRINT NAME) S-GNATURE _ CLAIM / 9 • BOARD OF SUPERVISOPS OF CONTRA COSTA COUNTY, CALIFORNIA, Claim Against the County, or District governed by)' BOARD ACTION the Buard of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Ju 1 y 26, 1988 anc Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $150, 000- 00 Section 913 and 915.4. Please note all "W nin s" �:pu liy Counsel CLAIMANT: LELA I. DAVIS c/o Louis S. Franecke, Esq. JUN 3=O 1988 ATTORNEY: Mack, Hazlewood, Franecke & Tinney 221 Pine St. #600 Date received Martinez, CA 945 3 ADDRESS: Sari Francisco , CA 94104 BY DELIVERY TO CLERK ON June 29 , 1988 BY MAIL POSTMARKED: June 28 , 1988 Certified P01 0492111 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. June 30, 1938 PpHHIL ATCHELOR, Clerk DATED: BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors i (V%) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). Other: Dated: /' �'y� BY: `, %� Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARDD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered .in its minutes for this date. JUL 2 61988 Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order a Notice to Claimant, addressed to the claimant as shown above. AL2 7 1988 Dated: BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator 1 Louis S'. Frariecke, Esq., MACK, HAZLEWOOD, FRANECKE & TINNEY RECEIVED 2 221 Pine Street, Suite 600 San Francisco, CA 94104 (415) 391-1560 J�'JN 2 1998• 3 4 Attorneys for Plaintiff LCLE ' A � NT pputy 5 6 MUNICIPAL COURT OF THE STATE OF CALIFORNIA 7 CITY AND COUNTY OF SAN FRANCISCO 8 9 LELA I. DAVIS ) NO: 10 ) z ) z N 11 Plaintiff,co ) F'' ) CLAIM AGAINST a 12 vs. ) THE' COUNTY OF w0 CONTRA COSTA PER Uwrn 13 COUNTY OF CONTRA COSTA ) GOVERNMENT CODE SEC. Q 0z5z ) 910' TO 911.2. c W � � 0 14 ) Uww � ) . _ W Defendants. o A � < 15 ) co 3zC0 16 Claimant, LELA DAVIS, by and through her attorney, the Law N < 17 Offices of Mac, Hazlewood, Franecke and Tinney, 221 Pine St. , Q 18 #600 , San Francisco, CA 94104 , Telephone: ' (415) . 391-1560 . U 19 Hereby claim the amount of $150 ,000. 00 as a ,result of an auto 20 accident at the intersection of E. 18th St. and Viera Lane, City 21 of Antioch, County of Contra Costa, California: 22 Said action taking place on June 2, 1988. Due to the . 23 dangerous condition of said intersection, -due to design, 24 maintenance and control by this County. 25 Said damages of Mrs. Davis are in the; amount of medical 26 expenses, lost wages and pain and suffering in amounts to be 27 continuing. 28 Dated: June 27 , 1988 1 2 3 4 MACK., HAZLEWO FRANECKE• & TTNNEY. 5 6 7 �" .... 8 . 91 r 10 w z z N ii r 12 (� O u 'j 13 LL W �- Q o 5z dU) cl14 p W W o o A � � 15 0 E a 0 w 0 Z 16 IL U QN < 17 x w Q 1s 19 20 21 22 23 24 25 26 - 27 28 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 26 , 1938 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $5 , 000 . 00 Section 913 and 915.4. Please note all "WarninuJillrnty Counsel CLAIMANT: ANTHONY RICHARDSON8 1988 c/o Michael Merritt JUN ATTORNEY: 1440 Broadway Suite 910 Martinez, CA 94553 Oakland, CA 94612 Date received ADDRESS: BY DELIVERY TO CLERK ON June 21, 1988 BY MAIL POSTMARKED: .Tune 20, 1988 1. FROM: Clerk of the Board of .Supervisors TO: County Counsel Attached is a .copy of the above-noted claim. DATED: June 28 , 1988NYI1 BATTCHELOR, Clerk , L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( } Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: /' %�( :'r> BY.-- �I ;Lri Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full . ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for .this date. JUL 26 Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown.above. JUL 2 7 1988 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Michael Merritt AttOt'ttc'1' at Lau' 1440 BroadwaN,,Suite 910 """'°`"�°'--- •� Oakland,Calif 94612 (415) 839-3484 RECEIVED = K J� i'N 4-1 It 91 pNAR HcP fSOF.3 June X19 , 1988 LCL Y :. uty Clerk Contra Costa County Board of Supervisors 651 Pine St. Martinez , Calif. 94553 Re: Claim of Anthony Richardson Dear Clerk: Anthony Richardson hereby makes claim against the County of Contra Costa in that: On March 24 , 1988 , . an officer of the District Attorney of .Contra Costa County identifying herself as Ms. Marilyn Hannon telephoned the wife of claimant Anthony Richardson at the place of work of both Mr . and Mrs . Richardson. Ms . Hannon threatened Mrs . Richardson that unless Mr . Richardson signed certain documents requested by the District Attorney Mr. Richardson would be arrrested. Ms . Hannon told Mrs . Richardson that she must inform her husband of this , which she did. In truth the District Attorney had no probable cause to seek the arrest of Mr . Richardson nor .any intent to seek his arrest, and the threat .was made solely to obtain advantage in; a civil proceeding. Because of this threat Mr. Richardson suffered physical and emotional damage through terror and stress in an amount of at least $5 ,000 . 00. The bases of this claim, not to the exclusion of any other legal basis for recovery, are that the District Attorney negligently failed properly to train and supervise his officer, and that the District Attorney attempted to extort funds from Mr. Richardson. Yours truly, Michael Merritt MM:b cc: Anthony Richardson - CLAIM f �9 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA / Claim Against.the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT- July X26 , 1988 and Board Action. All Section references are to ) The copy of this document mailed ;to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph .IV below), given pursuant to Government Code Amount: $5 , 000 . 00 Section 913 and 915.4. Please note all "Warnings". Counsel CLAIMANT: PATRICIA RICHARDSON c/o Michael Merritt JUN 2 8 1988 ATTORNEY: 1440 Broadway Suite 910 Oakland, CA 94612 Date received Martinez, CA 94553 ADDRESS: BY DELIVERY TO CLERK ON June 21, 1988 BY MAIL POSTMARKED: June , 20, 198,8 - 1. 9$8 -1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. , June 28 1988 PpHHIL BATCHELOR, Clerk DATED: , BY: Deputy L Hall I1. FROM: County Counsel TO: Clerk of the Board of Supervisors ( r� This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and'910.2, and we are so notifying claimant. The. Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's,,right to apply for leave to present a late claim (Section 911.3): ( ) Other: Dated: �l� I�� ;' 0 BY: _,_�� �j �L"y �" Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (V) This Claim is rejected in full. ( ) Other: I certify that this is ,a true and correct copy of the Board's Order entered in its minutes for this date. JUL 2 6 1988 Dated: PHIL BATCHELOR,. Clerk, By. , 'Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of `perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age. 18; and that today I deposited in the United States Postal Servlice in Martinez, California, postage fully prepaid a certified copy of this Board Order and otice to Claimant, addressed to the claimant as shown above. Dated: U L 2 7 19� BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator . l t: 00 Michael Mer ' Q Atto?-ne)' at Laza' 1440 Broadway,Suite 910 Oakland,Calif. 94612 (415) 839-34£14 dy �`Enx e tR Ju ri 19 8 8 e 19 , Clerk- Contra lerk Contra Costa County Board of Supervisors 651 Pine St. Martinez , Calif. 94553 Re: -Claim of Patricia Richardson Dear Clerk: !' Patricia Richardson hereby makes claim against the County of Contra Costa in that.- On hat:On March 24., 1988 , an officdr 'of the .District Attorney of Contra .Costa County identifying herself as Ms'. Marilyn Hannon ,-telephoned the claimant .Patricia .Richardson at -her place of work. Ms . Hannon threatened -Mrs . Richardson that unless Mr. ' Richardson signed certain documents requested by the District Attorney Mr . `; Richardson woul'd .be .arrrested. In truth the District Attorney had no probable cause to seek the arrest of Mr. Richards-on nor any intent ,to seek his arrest, and the threat was made solely -to obtain advantage in a civil r poceeding,. . Because .of� this threat Mrs. Richardson suffered physical and emotional damage through terror and stress in an amount of at least $5 ,000 . 00 . The bases of this claim, not to th'e' exclusion of any other legal basis for recovery, are, that the District Attorney negligently failed properly to train and supervise his officer, ands that, the. District Attorney attempted to extort funds from Mr . and Mrs . Richardson. . Your truly. Michael Merritt MM:'b cc: Patricia Richardson` CLAIM BOARD OF SUPERVISORS OF CONTRA COS,'A COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION tie Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 26 , 1988 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $11,460. 12 Section 913 and 915.4. Please note all "War ttJoUhjy Counsel CLAIMANT: BENNIE DANIELS JUN 2 8 1988 c/o Ann Hipshman ATTORNEY: 433 Turk Street Martinez, CA 94553 San Francisco, CA 94102 Date received ADDRESS: BY DELIVERY TO CLERK ON June 23 , 1988 hand del . BY MAIL POSTMARKED: no envelope 1. FROM: Clerk of the Board of Supervisors TO: County Counsel w Attached is a copy of the above-noted claim. DATED: June 28 , 1988 PpHHIL BATCHELOR, Clerk BY: Deputy L. Hall 11. FROG County Counsel TO: Clerk of the Board of Supervisors (t/ ) This claim complies substantially with Sections 910 and 910.2. ( ). This claim FAILS to comply substantially with Sections 910 and 910.2, and we.are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to.apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: Dated: BYJDeputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (") This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. JUL 2 6 *W C Dated: PHIL BATCHELOR, Clerk, 8y Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. JUL U L 2 7 1988 BY: PHIL BATCHELOR byV,-Deputy Clerk CC: County Counsel County Administrator t C_�,.Iim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT `A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before,Deoember 31, 19870 must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for;; injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must! be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed With the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp BENNIE DANIELS ) ) FTRF.n RMPT.OYRR ) REC 1' Against the County of Contra -Costa ) SOCIAL SERVI8 DEPARTMENT ) �'UIN 198 3 $. MARTINEZ District) PMS "ar Fill in name ) CLEA PH) T ISOi;g ©Y .. .. �.. .. , The undersigned claimant hereby makes claim against Y osta or the above-named District in the sum of $ 11 ,4 6 0 .1 2 and in support of this claim represents as follows: ----------------------------------------------------------------=-------------------- 1. When did the damage or injury occur? (Give exact date and hour) May t2 . /988 inthe afternoon. ----------------------------------------------------------------=------------------- - 2. Where did the damage or injury occur? (Include city and county) Moral injury occured at the Social Sewice Department on May 12 , , 1988 . ----------------------------------------------------------7------------------------- 3• How did the damage or injury occur? (Give full details; use ,extra paper if required) (PLEASE SEE ATTACHED STATEMENT) ----- -- --------------------------------------------------- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? THEY THE SOCIAL SERVICE DEPATMENT DEFAULTED ON THE; ARBITRETOR- S ORDER. (over) 5.:. what are the names of county or district officers, servants or: employees causing the 'damage or injury? LOUISE AIELLO PERSONAL OFFICER,JUDY CAMPBELL HER ASSISTANT AND MR HOFFMAN ASSISTANT DIRECTOR. 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. (PLEASE SEE ATTACHED STATEMENT) ------------------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) $272 .86 was the amount deducted from my September,1986 pay check times 100% interest per day untilpaid. from May 12th through June 23rd is (42) days. Current amount due is $11 , 460 . 12 . ---------------- ------ 8. Names and addresses of witnesses, doctors and ospital . Jack Griffin the gocial service has his address. Copy of page _�� from volume -attached. C ------------------------------------------------------------------------ -------- ----- 9• List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910.2 provides The claim must be signed-�5y the claimant SEND NOTICES TO: (Attorney) or b " ome peron on lois beh lf." Name and Address of Attorney n j Ann Hipshman � -�j Turk Street " "ICl 'mart' Signature San Francisco, CA. 339 Jimno Avenue Address Pittsburg, California Telephone No. 775-3900 Telephone No. 439-9054 or 432-8490 NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a tine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. 3. The Arbitretor Jack Griffin ordered that I be paid wages for September 24th and 25th of 1986 , stating that I was not properly . counseled. He, at the same time ordered that their decision to fire me was justified. They the Social Service Department honored the second part. Why did they not honor the first part???? 6 . Because they defaulted on the arbitretor' s order I have been wronged again, my rights are again being violated,I 'm again being mistreated. and my substanance ability has been lowered. The bottom line is that this incident has served to further aggrevate and intensify the existing emotional stress which was triggered by LIES and being UNJUSTLY fired .:. If I d'o .not_ receive an response ---- within 10 working days, upon reciept of this claim. I will be forced to consult my Attorney and begain filings on SUIT. number II. Sincerly, Mrs Bennie Daniels i' IN ARBITRATION PROCEEDINGS PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE PARTIES r In the Matter of a Controversy between SOCIAL SERVICES UNION- OPINION&AWARD LOCAL 535, OF AFL.-CIO, J.J. GRIFFIN, ARBITRATOR Complainant, and COUNTY OF CONTRA COSTA, CALIFORNIA Respondent, Involving grievances of: ) Bennie Daniels ) Hearings in Martinez, California on July 6,7,8,9 & 10, 1987 Briefs posted October 15, 1987 Award at Sausalito, California March 1, 1988 i r r . c'. P? C rte' o As to whether or not County's placing Daniels on improvement Needed" status on or about September 23, 1986 violated the agreement between the parties — I find, for many of the reasons discussed in connection with the improvement needed notice of September 23, that it.did ngx. . . o I do find, however, that the immediately following two-day disciplinary suspension of September 24 . & 25 violate the agreement in that it did not provide her with the, contractually ated reasonable time to demonstrate improvement. Cthere:and order :soon 1practicable rse her for those two day's lost wages to do sbut in no event more than thirty cdar daei t of thi ward. As to issue #5 — the propriety of County's issuing Daniels the unsatisfactory performance appraisal of 2/4/87, along with Cabral's recommendation for discharge: A review of the record before me reveals evidence more than merely persuasive that Daniels had failed to respond to both rehabilitative efforts and progressive discipline and that by December of'86 through January of '87, it became apparent that she had ceased to perform meaningful work— virtually abandoning her position. 39 CLAIM BOARD OF SUPERVISORS OF, CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 26 , 1988 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: LINDA BYIAS ETAL Section 913 and 915.4. Please note all "Warnings" c/o Albert J. Wax i:�uiity Counsel CLAIMANT: Attorney at Law 2004 Cedar St. JOIN 2 8 1988 ATTORNEY: Berkeley, CA 94709 Date received eta;,irtez, CA 9455: ADDRESS: BY DELIVERY TO CLERK ON June 24, 1988 BY MAIL POSTMARKED: June 23 , 1988 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL gATCHELOR, Clerk DATED: June 28 , 1988, �b: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) . This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: - /2. 2"111 BY: '� L ��; Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full . ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: J U L 2 6 1988 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months.from the date this notice •was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been.a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Orderd Notice to Claimant, addressed to the claimant as shown above. Dated: J U L 2 7 19w BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator a ALBERT J. WAX ATTORNEY AT LAW 2004 CEDAR STREET _ BERKELEY.CALIFORNIA 94709 (415) 548.9800 June 3., 1988' Clerk, Board of Supervisors 651 Pine Street Martinez, CA 94553 Re : My Clients and the Claimants : Linda Byias and her. minor daughter, Tahirah Edwards Date of the Incident : June 7, 1988 Place of the Incident : Richmond, California Dear Sir or Madam: Enclosed please find the original and two copies of the claim I am today filing on behalf of my clients, Linda Byias andher minor daughter, Tahirah Edwards, against the' County of Contra Costa. Please return endorsed-filed copies to me in the enclosed, stamped, addressed envelope . Thank you for your assistance . Sincerely;, ALBERT J., WAX AJW:kas Encls . a 100 i Albert J. Wax 1 Attorney at Law 2004 Cedar Street �jv 2 Berkeley, CA 94709 3 (4 15) 548-9800 r 4 Attorney for Claimant �AKPCA° E�o Sco„!v C�- ONT a S 6 7 BEFORE THE COUNTY OF CONTRA COSTA, STATE- OF CALIFORNIA 8 CONTRA COSTA COUNTY SHERIFF ' S DEPARTMENT 9 10 In the Matter of the Claims of 11 LINDA BYIAS on behalf of herself, CLAIM FOR PERSONAL INJURIES 12 and LINDA BYIAS on behalf of her (Section ' 910 ,of the minor daughter, .TAHIRAH EDWARDS, Government Code) 13 against the COUNTY OF 14 CONTRA COSTA 15 / 16 . 17 To: BOARD OF SUPERVISORS, CONTRA COSTA COUNTY: 18 LINDA BYIAS, , on behalf of herself, and LINDA BYIAS on behalf 19 of her minor daughter, TAHIRAH EDWARDS, hereby makes claim against 20 the COUNTY OF CONTRA COSTA and the CONTRA COSTA COUNTY SHERIFF'S 21 DEPARTMENT, and makes the following statements in support of the 22 claims : 23 (a) Claimant ' s name is LINDA BYIAS; claimant ' s post office 24 address is 613 - 17th Street, Richmond, California 94801 . 25 V ' 1 (b) Notices concerning the claim should be sent to 2 ALBERT J. WAX, Attorney at Law, 2004 Cedar Street; Berkeley, g California 94709. 4 (c) The date and place of the incident giving rise to this 5 claim are June 7, 1988, 613 - 17th Street, City of, Richmond, County 6 of Contra Costa, State of California. 7 , 8 (d) The circumstances giving rise to this claim are as 9 follows: On the above date and at the above place, claimant was 10 alone inside her locked residence. She heard noise toward the it front of her apartment and when walking through her hallway 12 towards the living room she was approached by two Contra Costa 13 County Sheriff's Department - Civil Bureau - Marshalls officers. 14 One of them had a loaded handgun pointed in her direction. She 15 was terrified. She was informed that they were there to conduct 16 an eviction of her from the premises After a period of time it 17 was determined that they were in the. wrong apartment and should 18 have been in Apartment No. "A" at that address. Later that day 19 she contacted the Contra Costa County Sheriff's Department and 20 spoke to one of the superior officers and was informed that the 21 deputy Marshalls had violated their standard operating procedure 22 by attempting to proceed with an eviction without the presence of 23 the owner of the premises. 24 As a result of the stress and emotional disturbance of the 25 incident, Ms. Byias was admitted to Merritt Peralta Medical Center 26 on June 7, 1988 .. Since the incident, she has experienced severe . 2 1 and continuing, emotional .distress and physical injury and has 2 obtained psychological counseling. 3 Claimant 's minor daughter, TAHIRAH EDWARDS, a resident of the 4 premises, has also suffered continuing emotional distress. related 5 to the incident and has obtained psychological counseling. 6 (e) Name of public employee causing the injury: Unknown at 7 this time. 8 9 (f) Jurisdiction over the claim would rest in the superior 10 court of the state of California. 11 12 13 Dated: June 23, 198. 8 ALBERT J. WAX 14 Attorney for Claimant 15 16 17 18 19 20 21 ' 22 23 24 25 26 3 PROOF OF SERVICE BY '.MAIL I , Karen A. Shelesky declare that : I am employed in the County of Alameda, California. I am over the age of eighteen years and not a party to the within cause. My business address is 2004 Cedar Street, Berkeley, CA 94709 . On June 23 1988 I served the within Claim for Personal Injuries (Section 910 of! the Government Code) Clerk, Board of Supervisors on the County of Contra Costa in said cause by placing a true copy thereof in a sealed envelope with postage thereon fully pre- paid, in the U.S . mail at Berkeley, CA_, addressed as follows : Clerk, Board of Supervisors 651 Pine Street Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct , and that this declaration was executed on June 23, 1988 at Berkeley California. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 26 , 1988 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $1 , 519 . 66 Section 913 and 915.4. Please note all "Warnings". Coonty CounsCl CLAIMANT: DAVID J. CHETCUTI 2272 Rockne Drive JUN 2 8 1986. ATTORNEY: Concord, CA 94518 Date received f1T2YtIIleZ, CA 94553 ADDRESS: BY DELIVERY TO CLERK ON June 27 , 1988 BY MAIL POSTMARKED: June 27 , 1988 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BgATCHELOR, Clerk DATED: June 28 , 1988 BY: peputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors' (� This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: / BY Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Boar 's Order entered in its minutes for this date. JUL 2 6 1988 Dated: PHIL BATCHELOR, Clerk, By eputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter., If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, , California, postage fully prepaid a certified copy of this Board Order and-Notice to Claimant, addressed to the claimant as shown above. Dated: JUL 2.7 1988 BY: PHIL BATCHELOR by / De ut Clerk � y CC: County Counsel County Administrator r 'claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY 6 INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to pAr- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual' of the cause of action.. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on orjafter January 1, 1988,. must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors 4t its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name .of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. ' RE: Claim By ) Reserved for Clerk's 'filing stamp, vid s. Cxetc, N•f;" ) RECEIVED Against the County of Contra Costa ) lJ N 1) 'l 19;88. �1 or ) ,. OeP-j' OT ry'N�mAI Sl'v:�C E'S ' District). CLE PHAT ArF POR s0n, Fill in name ) 8 1.. .. puty The undersigned claimant hereby makes claim against the County of Contra Costa or .the above-named District in the sum of $ /, / 9. �� and in support of this claim represents as follows: ------------------------------------------------------------- -- ------------------ 1. When did the damage or injury occur? (Give exact date and hour) ---------- Juni0-2- / ---- -- -/-S--A M- _ ______________ 2. Where did the damage or injury .occur? (Include city and county) - 4T eAvtr,A✓cF tt Lucky Grocer/ S5 e /,0/9rkLuz` o.c1 �eiTf t4Lvcl J heAr -/-A/c Cv_,✓.cr_o7C Teaf SZ_c! _ k G"L_e- � 'p�=={ =PSt���_Co=c-.�( C,A_'_1A 6141? 3• How did the .damage or injury occur? (Give full details; use extra paper if required) / / A-�-./ yiv��jl��j�ro��.i/y fe 7'ur-^l S��.vA/s. /-',y Ve L+.6Ile 510Wec/ 4AI l -f-,,V.v �pt�l7f .d. �4 �rocey sho .1c r0 -rrelaf veh,'c/e st®/��oerl i.� 'c��/e o f uv� to /al/oiw ,�eclPs t• '�.✓ �rA�F:c c�.v ___ s-dew�l/< to cleAr. M1 ve /ii'c/e wr+s f/en/ �^eflre.�cle'� bx i9 C,C.Coa��� vE�1clE ---------------------- ---------------------------------------- ------------- 4. What particular act or omission on the part of county or district officers, servants or. employees caused the injury or damage? ��✓A �7�i°.�� i9:'�c.r� �`o S7/�y A 5.9? /i sfA.✓c� ��7`we E AJ vele c/mss See /y co,; rol AsYe'p ve -c/eye,�c, / .✓c'S//ye,��e (over)' 40 i 5 `What are the names of county or district officers, servants or employees causing }the damage or injury? li/ n t O //A/l;►''Ai 1 Ser✓/ Ccs e r 7L - v,r, 1/P f� 1 0 --------------S!re- wis eirii�i✓lC_.,.v7x_ lie A,'c le Al-! 5YO I J -_-_ _-- --- -- ----- -- - - - -_ 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. GC 5 timrq frs A��.�d rPsevfec� CO—" skj.,rr: y /NSuri9wC{'- 1ivi/eSf�y'Ar �ulie �umock. 7. How was the amount claimed above. computed? (Include the estimated amount of any prospective injury or damage..) _Tf tn/f1 S C o rNIo a 72 C,09 c �/y �r o 5 7L�'m/7 f& a A a fa relli ------------------------------------ ---------------- ------------------------------ 8. Names and addresses of witnesses doctors and hosPtal�. ice) ✓P"�, c �� Lig �e '.vP C: S TP�oLieA.s -aa 7J ati,�,�,,�,�-N - See f'� � F �e°e���, �t �c���a. 106'LO --------------------------------------------------------------- ' ----------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO:- (Attorney) or by some person on his behalf." Name and Address of- Attorney (ClaiEifantls Signature a a 7a Address Telephone No. Telephone No. C`//s� 6 8 C- 71/6 �PPs j N15-) 58� - �!7v� x 229. �us� N O T I C E Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 26, 1988 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given. pursuant to Government Code Amount: $150 ,000. 00 Section 913 and 915.4. Please note all 'oami*a,�"(iGl.1��� CLAIMANT: RICHARD P. JOHNSON JUN 3:'p 1988 c/o Roni Rotholz ATTORNEY: Ben-Zeev & Rotholz i�4ariinez, Ca 94553 1533 :forth Main Date received ADDRESS: Walnut Creek, CA 94596 BY DELIVERY TO CLERK ON June 30, 1988 hand del . r BY MAIL POSTMARKED: no envelope 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL gATCHELOR, Clerk DATED: June 30 , 1988 ��: Deputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (L') This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Aly`'' i Dated: �', �o'��' BY: - ( ;�� Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (k/ This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. JUL 2 6 1988 �----� 6--.-ee Dated: PHIL BATCHELOR, Clerk, By puty Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with 'this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. JUL 2 7198e Dated: BY: PHIL BATCHELOR by C_�Puty Clerk CC: County Counsel County Administrator i. Claim yto: �' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT is A. Claims relating to causes of action for.death or for ,injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987; must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on ori;after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented .not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of,Supervisors;,at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553.' . �i C. If claim is against-a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. t. D. If the claim is against more than one public entity, separate claims must be ' , filed against each public entity. E. Fraud. See penalty for fraudulent .claims, Penal Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp Richard P. Johnson ) ) RE EUCEIV Against the County of Contra Costa ) .YJ 44: 3 0 198Q or ) �. i PH 8A ELO District) : CL K T P Fill in name ) s, epucy The undersigned claimant hereby makes claim against the County. of Contra Costa or . the above-named District in the sum of $ 150,000 or proof and' in 'support of this claim represents as follows: -------------------------------------------------------------------;------------------ 1. ------ --------1. When did the damage or injury, occur? (Give exact date and hour)` 3/29/88 7:45 .a.m. - ----------------------------------------------- ------------------------------------- 2. Where did the damage or injury occur? (Include city. and county) sb Vasco Rd. Contra Costa County 3. How did the damage or injury occur? (Give full details; use extra paper if required) Claimant was southbound on .Vasco, Road, rounded a, curb and, due to faulty marking of road division line, found hi ii blind spot and did .not see an oncoming vehicle, with which lie collided head on. ------------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, ,. .. servants or employees caused the injury or damage? j Faulty markings of the road division, lack of signs rioting blind spot , creation of blind spot . and dangeroud passing markingl'in disregard to the dynamics of the subject turn. (over). c; r ' 5. What gyre the names of county or district officers, servants .or employees causing the damage or injury? i Public Works, any and all officers and employees charged with marking road division, passing lanes, etc.' - ----------------- 5. What damage or injuries do you claim resulted? (Give full extent of injuries. or damages claimed. Attach two estimates for. auto damage. Various broken bones, injuries to arms, .legs, broken collar bone, compound fractures, contusion. i ----------------------------- ----------------------.--------------------------------- 7. ------ ----- --- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Cost of medical care, future medical care, permanent'�,damage pain and suffering. . --------------------------------------------------------- ----------------- 8. Names and addresses of witnesses, doctors and hospitals. John Muir Hospital (Emergency and subsequent surgery) Doctors: Faig, Brisbane, Rhodes, Laverne, Jabos, Sidell , Weintraub, Anderson - 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Va:r' fi -d 9.1 services Not submitted as yet .. 6 .. .. .... ,Gov. Code Sec. 910.2 providers: AfThe claim must b, signed by! the claimant SEND NOTICES TO: (Attorney) ;orb '� ome eronio his behalf." Name and Address of -Attorney Roni Rotholz j�,i.- r � Cla mant s Signature) ;.., Ben-Zeev & Rotholz !, An Association of Attorneys Richard Peter Johnson t� 1 1533 North Main Address Walnut Creek, CA 9496 , 1248 Hillcrest Avenue _ Antioch, CA 94509 Telephone No. 932-0193 Telephone No. 422-0764' * * * . N O T I C E Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, .city or district board or... officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a .fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or.byhimprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by., both such imprisonment and fine. . : CLAIM BOARD OF SUPERVICORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 26 , 1988 and Board Action. All Section references are to ) The copy of this document mailed to you it your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: �4, 695 . 0 0 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: PACIFIC BELL SECURITY County Counse,' 1155 Market Street Claim #8B846-287 ATTORNEY: San F'r'ancisco, CA 94103-1566 JUN KO 1988 Date received ADDRESS: BY DELIVERY TO CLERK ON June 30, ]N86tinez, CA 9455:3 BY MAIL POSTMARKED: June 28 , 1988 . ,Certified P018 081 076 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. June 30 1988 HHIL BATCHELOR, Clerk DATED: BPpY: Deputy L.' Hall II. FROM/: County Counsel TO: Clerk of the Board of Supervisors ( j<') This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we .are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: ll r Dated: , ���,'j !! BY: ,/`;' \ Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD 0 ER: By unanimous vote of the Supervisors present ( This Claim is rejected in full . ( ) Other: I certify that this is a true and correct copy of the B ard's Order entered in its minutes for this date. p Dated: J U L 2 6 198p PHIL BATCHELOR, Clerk, By A/_ZZ�Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have. only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. . If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order a d Notice to Claimant, addressed to the claimant as shown above. Dated: JUL 2 7 1988. BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator r CLAIM AGAINST THE: CONTRA COSTA COUNTY Pacific Bell presents a claim for damages against the Contra Costa County as provided in Government Code Section 900 et. seq. Claimant's Address: ,,, Pacific Bell Security 1155 Market Street, Suite 300 E� R San Francisco, CA 94103-1566 Date of Occurrence: 6 HE1 y%S033 June 13, 1988 CL P N G eo�ty Location: ey Laurel Drive,South of Highway 680, Danville Circumstances Giving Rise To Claim: While installing sewer lines for Contra Costa County, Westcon ,damaged Pacific Bell facilites with an excavator. Description and Itemization of Damage: Damaged six 4-inch transite ducts. Name(s) of Person(s) Causing Damage: Dave Sanders of Westcon (415) 839-7101 Amount of Claim: * (NOTE: This is an estimated amount. Final actual cost billing will be presented when all charges are determined. ) $4,695. 00 Date of Claim: June 23, 1988 Pacific Bell Claim Number: 8B846-2 7 HOW4Rb JOE _ AREA CLAIMS MANAGER i� CLAIM BOARD OF, SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 26 , 1988 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: #310 - 0 0 Section 913 and 915.4. Please note all " rni " eouffly Counsel CLAIMANT: ANITA MARTINEZ 27813 Leidig Court #5 JUN 3 'O 1988 ATTORNEY: Hayward, CA 94544 Date received Martinez, CA 9453 ADDRESS: BY DELIVERY TO CLERK ON June 30 , 1988 hand del . BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PPHHIL BBATCHELOR, Clerk DATED. June 30, 19.88 BY: Deputy L. Hall' II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ✓This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and-send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ! C ) x= BY: ,;"' i ,—`� Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (/This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. JUL 2 6 1988 Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was .personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Ordegnd tice to Claimant, addressed to the claimant as shown above. Dated:— JUL U 2 7 1996 BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator CLAIM TO: BOARD Ur' bUYLKv15UK5 yr %_wn-Lnn %.vC651 Instructions to Claimant eturn original application tc lerk of the Board Pine St., Room 106 artinez. CA 94553 A. Claims relating to causes of action for death of fo person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the rause of action. - Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity; separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end o his form. RE: Claim by )Reser g stamps RECM16,- ff � � 19 88 Against the COUNTY OF CONTRA COSTA) I +��N 3'0 ori- DISTRICT) CLEP.g1830A ATF ERVll ill in name ) gy Puty The undersigned claimant hereby makes claim againste' County of Contra Costa .or the above-named District in the sum of $ I0?- C) y and in support of this claim represents as follows: -- --- ----I. -- -------- —s------------ --------- —=---�— ---� ---- -when did the damage or injury occur? ZGive exact date ani hour] �. w�ieze did tie �nmage or injury occur? ZZnc�ude city and countyf Le; d Gt- , 1 �Q 'd C4 r--------------------------z------------------ -+ 3. How did the damage or injury occur? (Give uII details, use extra sheets if required) 1 wc, S {�f'p-e- d r a 4--r-o- c U)*0 )a 6,1& W 0 S a v✓t S {-e-oL a wa✓Ya r\-t- 0 ,-\ ck ja.v y C t vi 2 c l� w�o►•d ( d i d v�p f C�+1-�,�. ; t- t b c c t a (Ci c� c Sewt e a Y. e -e �a u e r\-y vti e 0. �� +�2 n ���( er S o v� d c' �'' Cd u r+� . 4. lohat particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? •All� e- I v,dC 1S S CA-C C G W ok r r_'0-k-, ct r'✓e S . deiv, � ''�S v c ln-S i ''v`y n a ro' (over) 5. -What„awe the names of county- or district officers :1 . servants or* ,? employees causing the damage or injury? ` 6. What damage or injuries do you claim resulted? ZGive full extent of injuries or damages claimed. Attach two estimates for auto damage) ;( 0LU, ; Is ---- -------------------------------------------------------------- - 7. How----was the amount claimed above computed? (Include the estimated - amount of any prospective injury or damage. ) -------------------•------------------------------------------------------ 8. Names and addresses of witnesses, doctors and hospitals. Vcc,F r--) ci S , KS. List the expenc3i,tures you made on account of this accident or injury: DATE ITEM AMOUNT S e e e110_d Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorne Yy ..L nt - Claimas Signature . Address CA 9 L� Telephone No. Telephone No. -] �(�Lct NOTICE Section 72 of the Penal Code provides: "Every person who, 'with intent to defraud, .presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher , or writing, is guilty of a felony. " i ' .ECEIPT AND STATEMENT OF;. CHARGES i DATE N0'.423034 �Y11� �'YI9/Z7'TiJ�Z NAML BAIL BOND PREMIUM $ EXPENSES (Itemize in detail, such as guard fees, notary, recording, long distance calls, telegrams, travel or other actual, unusual expenses): -� $ ^ a, TOTAL CHARGES $�31L' r C(,, • RECEIVED ON .ACCOUNT BALANCE $ Was collateral taken? (Yes) (No) If Yes, No. of Collateral Receipt AGENCY NAME AND ADDRESS 1 4726 blockE-1 Jim Temple Bail Pcnds i t Jim Temple—ag-cnt P.0. ;x 2032 SaIj La ^wj o, CA =j::7s (415) &87-09 ? By MEMORANDUM OF BAIL BOND FURNISHED Defendant 14AJI?1, 1747/n � / .L� � Charge �C> �C �+� 1 w D Amount of Bond S �(�[�(,.� Bond No.42-. y4-J0 Date Filed _J. :24' +Y Date Released _� 4 AZS' Date to Appear �8"�!� Time Court -sylCiaw City kedglllda Go✓.2 i RE EIVED COPY OF THE ABOVE: F. AMWEST SURETY INSURANCE COMPANY AW-18 I6i76l IMPORTANT PAPERS-DO NOT.DESTROY i.